Facilitating DIGITAL Applications Act

I 117TH CONGRESS 1ST SESSION H. R. 1156 To require the Assistant Secretary of Commerce for Communications and Information to report to Congress every 60 days on barriers to implemen- tation by the Department of Interior and Department of Agriculture of an online portal to accept, process, and dispose of an application for the placement of communications facilities on certain Federal lands. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 18, 2021 Mr. MCKINLEY introduced the following bill; which was referred to the Com- mittee on Natural Resources, and in addition to the Committees on Agri- culture, and Energy and Commerce, for a period to be subsequently de- termined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require the Assistant Secretary of Commerce for Commu- nications and Information to report to Congress every 60 days on barriers to implementation by the Depart- ment of Interior and Department of Agriculture of an online portal to accept, process, and dispose of an appli- cation for the placement of communications facilities on certain Federal lands. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 18:28 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1156.IH H1156 khammond on DSKJM1Z7X2PROD with BILLS 2 •HR 1156 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Facilitating the De- 2 ployment of Infrastructure with Greater Internet Trans- 3 actions And Legacy Applications Act’’ or the ‘‘Facilitating 4 DIGITAL Applications Act’’. 5 SEC. 2. BARRIERS TO IMPLEMENTATION OF AN ONLINE 6 PORTAL FOR FORM 299. 7 (a) DEFINITIONS.—In this Act: 8 (1) APPROPRIATE COMMITTEES OF CON- 9 GRESS.—The term ‘‘appropriate committees of Con- 10 gress’’ means— 11 (A) the Committee on Energy and Com- 12 merce of the House of Representatives; 13 (B) the Committee on Natural Resources 14 of the House of Representatives; 15 (C) the Committee on Commerce, Science, 16 and Transportation of the Senate; and 17 (D) the Committee on Environment and 18 Public Works of the Senate. 19 (2) ASSISTANT SECRETARY.—The term ‘‘Assist- 20 ant Secretary’’ means the Assistant Secretary of 21 Commerce for Communications and Information. 22 (3) COMMUNICATIONS FACILITY.—The term 23 ‘‘communications facility’’ includes— 24 (A) any infrastructure, including any 25 transmitting device, tower, or support structure, 26 VerDate Sep 11 2014 18:28 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1156.IH H1156 khammond on DSKJM1Z7X2PROD with BILLS 3 •HR 1156 IH and any equipment, switch, wiring, cabling, 1 power source, shelter, or cabinet, associated 2 with the licensed or permitted unlicensed wire- 3 less or wireline transmission of any writing, 4 sign, signal, data, image, picture, and sound of 5 any kind; and 6 (B) any antenna or apparatus that— 7 (i) is designed for the purpose of 8 emitting radio frequency; 9 (ii) is designed to be operated, or is 10 operating, from a fixed location pursuant 11 to authorization by the Commission or is 12 using a duly authorized device that does 13 not require an individual license; and 14 (iii) is added to a tower, building, or 15 other structure. 16 (4) COMMUNICATIONS USE.—The term ‘‘com- 17 munications use’’ means the placement and oper- 18 ation of a communications facility. 19 (5) COMMUNICATIONS USE AUTHORIZATION.— 20 The term ‘‘communications use authorization’’ 21 means an easement, right-of-way, lease, license, or 22 other authorization to locate or modify a commu- 23 nications facility on covered land by the Department 24 concerned for the primary purpose of authorizing 25 VerDate Sep 11 2014 18:28 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1156.IH H1156 khammond on DSKJM1Z7X2PROD with BILLS 4 •HR 1156 IH the occupancy and use of the covered land for com- 1 munications use. 2 (6) COVERED LAND.—The term ‘‘covered land’’ 3 means— 4 (A) public land administered by the Sec- 5 retary of the Interior; and 6 (B) National Forest System land. 7 (7) DEPARTMENT CONCERNED.—The term 8 ‘‘Department concerned’’ means the Department of 9 the Interior or the Department of Agriculture. 10 (8) FORM 299.—The term ‘‘Form 299’’ means 11 the form established under section 6409(b)(2)(A) of 12 the Middle Class Tax Relief and Job Creation Act 13 of 2012 (47 U.S.C. 1455(b)(2)(A)), or any successor 14 form. 15 (9) SECRETARY CONCERNED.—The term ‘‘Sec- 16 retary concerned’’ means— 17 (A) the Secretary of the Interior, with re- 18 spect to land administered by such Secretary; 19 and 20 (B) the Secretary of Agriculture, with re- 21 spect to National Forest System land. 22 (b) BARRIERS TO IMPLEMENTATION.— 23 (1) IN GENERAL.—Not later than 90 days after 24 the date of enactment of this section, and every 60 25 VerDate Sep 11 2014 18:28 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1156.IH H1156 khammond on DSKJM1Z7X2PROD with BILLS 5 •HR 1156 IH days thereafter until the notification described in 1 paragraph (2), the Assistant Secretary shall submit 2 to the appropriate committees in Congress a report 3 that— 4 (A) describes whether the Department con- 5 cerned has established an online portal for the 6 acceptance, processing, and disposal of a Form 7 299; and 8 (B) describes any barrier to the establish- 9 ment of an online portal for the acceptance, 10 processing, and disposal of a Form 299. 11 (2) NOTIFICATION DESCRIBED.—The Secretary 12 concerned shall notify the Assistant Secretary not 13 later than 3 business days after the Department 14 concerned has established an online portal for the 15 acceptance, processing, and disposal of a Form 299. 16 Æ VerDate Sep 11 2014 18:28 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H1156.IH H1156 khammond on DSKJM1Z7X2PROD with BILLS